Most of the time, when someone is arrested, they will be able to post bail and remain out of custody as they await their court date. However, in some situations, bail is revoked and the accused will have to remain in custody. There are a few reasons why this can happen, the most common of which are outlined below.
Was the Crime Severe?
Your County Bail Schedule outlines bail amounts for a variety of crimes. Sometimes, though, a person commits a crime that causes the courts to believe that the defendant could be a threat to the community if they are released on bail. Crimes for which bail can be withheld are usually serious, such as various murder charges, or crimes against minors.
What is Your Criminal History Like?
No matter what crime you’re charged with, the courts will look into your past criminal history (if any) to determine what kind of person you are and whether or not you should be allowed the option of bail. Those who have a history of committing crimes, even relatively minor ones, may find that their bail is being withheld when they go before a judge.
For the most part, a person’s criminal history comes into play when a judge is deciding whether or not a person would be a threat to the community should they be released.
Do You Have Ties to the Community?
The courts will look at where you live, how long you’ve lived there, where your family lives, and whether or not you have a job to get an idea of your ties to the community. Generally, judges feel more comfortable granting bail to those whose ties to the community are stronger (i.e. you have a job, a home, and a life in the community). The reason these factors are so favorable is that defendants with deep ties to the community are far less likely to skip bail and fail to appear at the appointed date and time.
The vast majority of arrestees are eligible for bail and will be able to be released from custody via bail bond. In cases where someone is not eligible for bail, there’s often an issue in one of these three areas.